PASSAGE OF THE DAY: "Tuesday’s interim report is expected to focus on a 2018 decision by the health department’s lab to downgrade its procedures for testing samples from major crime such as murders and rapes, resulting in an unknown number of samples not being fully tested. The reasons for the change in procedure are unknown, but the inquiry is investigating the culture at the lab and whether it was adequately funded and resourced. Well-placed sources have told The Australian that “thousands” of criminal cases could potentially be affected if DNA had routinely gone undetected. Under his sweeping powers as commissioner, Mr Sofronoff has already compelled 36 witness statementsand obtained 60,000 documents, which have influenced the interim findings." The Queensland Premier announced the $6m inquiry in June after evidence of disturbing practices at the DNA lab was uncovered in Shandee’s Story."
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PASSAGE TWO OF THE DAY: "The lab’s performance in testing forensic evidence from the brutal stabbing murder of Shandee Blackburn, 23, in Mackay in 2013 will also be examined as part of the inquiry. Blackburn was stabbed more than 20 times on her walk home from work. Her ex-boyfriend John Peros was charged with her murder but found not guilty by a jury in 2017 after a 12-day trial. In 2020 a coroner found Mr Peros was responsible for her death. Expert DNA scientist Kirsty Wright found the lab did not complete full DNA testing on potentially crucial forensic samples in her case, including on a large knife police thought could have been the murder weapon."
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STORY: "Bombshell findings on Queensland lab to land on (Queensland Premier) Annastacia Palaszczuk's desk", by Reporter Lydia Lynch, published by The Australian, on September 19, 2022.
PHOTO CAPTION: "Shandee Blackburn with John Peros, the main suspect in her murder who was found not guilty by a jury, but a coroner later found he was responsible."
GIST: "Annastacia Palaszczuk will be handed “damning” interim findings on Tuesday from a public inquiry investigating alleged negligence at Queensland’s forensics crime lab that may affect thousands of unsolved cases.
The royal commission-style inquiry is investigating whether there have been failings in the testing of DNA evidence at the state government-run lab, a major focus in The Australian’s Shandee’s Story investigative podcast series.
While commissioner Walter Sofronoff KC has not revealed the contents of his report, government sources have described it as “damning” with the potential for “widespread implications” on the state’s criminal justice system.
Tuesday’s interim report is expected to focus on a 2018 decision by the health department’s lab to downgrade its procedures for testing samples from major crime such as murders and rapes, resulting in an unknown number of samples not being fully tested.
The reasons for the change in procedure are unknown, but the inquiry is investigating the culture at the lab and whether it was adequately funded and resourced.
Well-placed sources have told The Australian that “thousands” of criminal cases could potentially be affected if DNA had routinely gone undetected.
Under his sweeping powers as commissioner, Mr Sofronoff has already compelled 36 witness statements and obtained 60,000 documents, which have influenced the interim findings.
The Queensland Premier announced the $6m inquiry in June after evidence of disturbing practices at the DNA lab was uncovered in Shandee’s Story.
Ms Palaszczuk initially wanted an internal Queensland Health-led review, with no powers, to investigate the lab but changed course after The Australian revealed police were reopening rape cases dating back to 2018.
Alarming results from a review, quietly undertaken by Queensland Police late last year, discovered DNA profiles could be generated in up to 66 per cent of samples the lab initially claimed had “insufficient DNA for further processing”.
In its opening hearing last month, the inquiry was told samples with low levels of DNA were not being routinely tested even though it was “possible to extract either a full or partial profile”.
Counsel assisting, Michael Hodge KC, stressed “these statistics that we’re talking about, we’re talking about real cases”.
“One usable DNA profile in relation to a murder or a rape may be sufficient to solve that investigation,” he told the inquiry.
Queensland’s lab demands that to progress to DNA profiling, crime scene samples require the equivalent of at least 22 cells. However, fewer than 10 cells can often produce a DNA profile, and in NSW the detection limit is 11 cells.
If the minimum amount of DNA is not met in the first two testing stages, the lab does not send samples on for profiling in the final two stages. Scientists then report “insufficient DNA” or “no DNA detected“ to police and in their formal witness statements.
In 2021, the lab reported 583 samples relating to sex offences to police as “insufficient DNA for further processing”.
In a confidential document sent to key parties ahead of the interim findings, Mr Sofronoff asked stakeholders in the criminal justice system to comment on “whether the commission ought to make a recommendation to the effect that the statements of witnesses issued since 2018” (relating to the claims about insufficient DNA) should “be withdrawn”.
In this scenario, a police taskforce would be stood up to determine the number of victims who may have been denied justice because DNA samples in their cases were never fully tested.
The lab’s performance in testing forensic evidence from the brutal stabbing murder of Shandee Blackburn, 23, in Mackay in 2013 will also be examined as part of the inquiry.
Blackburn was stabbed more than 20 times on her walk home from work.
Her ex-boyfriend John Peros was charged with her murder but found not guilty by a jury in 2017 after a 12-day trial.
In 2020 a coroner found Mr Peros was responsible for her death.
Expert DNA scientist Kirsty Wright found the lab did not complete full DNA testing on potentially crucial forensic samples in her case, including on a large knife police thought could have been the murder weapon."
Public hearings begin next Monday."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resurce. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
